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Breaking Continuous residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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unknownt
Newly Registered
Posts: 4
Joined: Mon Feb 12, 2024 11:53 am
Nigeria

Breaking Continuous residence

Post by unknownt » Thu Dec 12, 2024 2:55 pm

Hi all,
Hoping I could get your help/advice here. Sorry if my post breaks any rules, as I haven't posted on here before.

Background:
I was given my first leave to remain on the family life route as a partner on 12/09/2013 till 11/03/2016.
However, due to my health reasons, namely postpartum depression, I didn't apply for my next leave to remain until May 25, 2016, (2 months, 14 days later), which I was given with no issues as I provided my doctor's report and such from 28/12/2016 valid until 28/06/2019.

I then submitted my indefinite leave to remain in August 2024 as I have completed 4 leave to remain applications; after the 1st one, all other ones were in time.

However, the HO came back to me today stating that because my 1st application was out of time, they couldn't grant the ILR. They stated that due to this break, my continuous 10-year period restarted from the 2nd application issue date (28/12/2016). So requested I pay the health surcharge within 10 days and would be given another 2 and a half years to complete the 10 years.

The letter states that no decision has been made and there is nothing about a right to appeal or for administrative review or reconsideration.

So I would like to seek advice if I can file some kind of administrative review, reconsideration, or right of appeal, stating that the reason for the late application, which was accepted at the time, was depression.

Or should I just accept my fate and pay the health surcharge and do the extra 2 and a half years, because it does say if I don't, my application will be rejected, and I lose everything and technically have to make another out-of-time application.

Please help? Thanks

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zimba
Moderator
Posts: 22719
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Breaking Continuous residence

Post by zimba » Thu Dec 12, 2024 3:59 pm

The rules do not allow breaks in your lawful residence, so the decision not to grant ILR is correct. This requirement is strictly enforced under the long residence route. You should have applied for an extension rather than ILR and now UKVI is giving you the option to do so. My suggestion is to accept an extension
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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